HSB 222 (LSB 2379YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act providing for the distribution of raw milk and associated products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 195.1, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  “Distribution point” means a raw milk producer’s dairy farm, a farmers market, or a grocery store.
   NEW SUBSECTION.  3B.  “Farmers market” means the same as defined in section 137F.1, that is licensed by the department of inspections, appeals, and licensing pursuant to section 137F.4 to sell Iowa-produced farm products on a retail basis for consumption off the premises.
   NEW SUBSECTION.  3C.  “Grocery store” means a food establishment as defined in section 137F.1, that is licensed by the department of inspections, appeals, and licensing pursuant to section 137F.4 to sell food or food products to customers intended for preparation or consumption off the premises.
    Sec. 2.  Section 195.5, Code 2025, is amended to read as follows:
   195.5  General —— election by raw milk producer.
   A raw milk producer may elect to produce, process, or market, or distribute raw milk at the raw milk producer’s raw milk dairy in compliance with this chapter. A raw milk producer may also elect to use the raw milk to manufacture, or market, or distribute a raw milk product or raw milk dairy product at the raw milk producer’s raw milk dairy in compliance with this chapter.  A raw milk producer may elect to market or distribute raw milk, a raw milk product, or a raw milk dairy product to individuals at a distribution point.
    Sec. 3.  Section 195.8, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   195.8  Distribution of raw milk or associated products.
   1.  a.  A raw milk producer distributing raw milk at a distribution point shall, upon request of an individual being distributed the raw milk, make available to the individual a copy of the most recent summary of the test that determines the coliform count and standard plate count of the dairy animals retained at the raw milk dairy owned or operated by the raw milk producer, as provided in section 195.6. The summary shall be made available at the distribution point.
   b.  (1)  A raw milk producer distributing raw milk at the raw milk producer’s dairy shall, upon request of an individual being distributed the raw milk, make available to the individual the heath records of the dairy animals retained at the raw milk dairy as provided in section 195.6. The health records must include all of the following:
   (a)  The coliform count and standard plate count of dairy animals maintained at a raw milk dairy owned or operated by the raw milk producer.
   (b)  The administration of antibiotic drugs to dairy animals maintained at a raw milk dairy owned or operated by the raw milk producer.
   (2)  The health records shall be retained at the raw milk producer’s dairy.
   (3)  An individual’s right to examine a raw milk producer’s health records does not entitle the individual to make a reproduction of those health records.
   c.  If the raw milk producer offers to distribute raw milk in a container, the container shall be labeled as provided in section 195.9, and sanitized.
   2.  a.  A raw milk producer distributing a raw milk product or raw milk dairy product at a distribution point shall, upon request of an individual being distributed the raw milk product or raw milk dairy product, make available to the individual a copy of the most recent summary of the test that determines the coliform count and standard plate count of the dairy animals retained at the raw milk dairy owned or operated by the raw milk producer, as provided in section 195.6. The summary shall be made available at the distribution point.
   b.  (1)  A raw milk producer distributing a raw milk product or raw milk dairy product at the raw milk producer’s dairy shall, upon request of an individual being distributed the raw milk product or raw milk dairy product, make available to the individual the heath records of the dairy animals retained at the raw milk dairy as provided in section 195.6. The health records must include all of the following:
   (a)  The coliform count and standard plate count of dairy animals maintained at a raw milk dairy owned or operated by the raw milk producer.
   (b)  The administration of antibiotic drugs to dairy animals maintained at a raw milk dairy owned or operated by the raw milk producer.
   (2)  The health records shall be retained at the raw milk producer’s dairy.
   (3)  An individual’s right to examine a raw milk producer’s health records does not entitle the individual to make a reproduction of those health records.
   c.  If the raw milk producer offers to distribute raw milk in a container, the container shall be labeled as provided in section 195.9, and sanitized.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND —— GENERAL. 2023 Iowa Acts, chapter 75, authorized the production, processing, marketing, and distribution of raw milk at a raw milk dairy, and the manufacture of a product using that raw milk when distributed and intended for human consumption (Code chapter 195). A raw milk dairy farm is not subject to regulation by the department of agriculture and land stewardship under the Grade “A” Pasteurized Milk Ordinance (Code chapter 192).
   BACKGROUND —— TERMINOLOGY. The term “raw milk” refers to fluid milk that is unpasteurized and ungraded. A “raw milk dairy” is the location where the raw milk is produced from 10 or fewer dairy animals (cows, sheep, or goats). A “raw milk producer” is a milk producer who owns or operates a raw milk dairy. A “raw milk dairy product” refers to a product, other than a raw milk product, manufactured using milk or a milk product as the primary ingredient and includes any quantity of raw milk. A “raw milk product” refers to a product manufactured using milk as its exclusive ingredient and that includes any quantity of raw milk.
   BACKGROUND —— ANIMAL HEALTH. Each 12-month period, a licensed veterinarian must examine dairy animals maintained by a raw milk producer at a raw milk dairy. The examination must at least include a blood test for common diseases afflicting the type of dairy animal being examined. There must be a coliform count and standard plate count. The raw milk producer must comply with United States food and drug administration regulations when administering an antibiotic drug. The raw milk producer must also retain health records for the dairy herd for three years (Code section 195.6).
   RESTRICTIONS ON DISTRIBUTION. There are four principal restrictions relating to the distribution of raw milk, a raw milk product, or a raw milk dairy product. The first restriction relates to order and delivery. A raw milk producer can only distribute raw milk, or a raw milk product or raw milk dairy product, to an individual and the individual must place an order to the raw milk producer. The raw milk, raw milk product, or raw milk dairy product cannot be delivered to a place of business where food or food items are distributed on a retail basis (e.g., a grocery store). The second restriction relates to use. The raw milk, raw milk product, or raw milk dairy product must be consumed by the individual making the order, or members of the individual’s household or guests. In addition, the raw milk, raw milk product, or raw milk dairy product cannot be resold. The third restriction relates to consumer information. A summary of the test results must be posted at the raw milk dairy’s distribution point and a consumer may inspect the health records of the dairy herd maintained at the raw milk dairy. The fourth restriction relates to labeling. Any container holding raw milk, raw milk product, or raw milk dairy product must be labeled with a notice regarding its contents.
   BILL’S PROVISIONS. This bill replaces the current distribution restrictions. For the first restriction, the distribution point is expanded to include two food establishments regulated by the department of inspections, appeals, and licensing or a political subdivision under contract. These include a farmers market or a grocery store (Code chapter 137F). The second restriction, limiting consumption to the individual and the individual’s household and guests, and prohibiting resale, is eliminated. The third restriction has been revised by eliminating a requirement that recent test results be posted. An individual visiting a raw milk dairy is not entitled to reproduce health records. The fourth restriction has been revised by expressly requiring that a container holding raw milk, a raw milk product, or a raw milk dairy product be sanitized.